CLP 18 - Hearsay Flashcards
(21 cards)
What is the definition of hearsay under the CJA 2003?
A statement made out of court used to prove what was said.
How do you determine if a statement is hearsay?
- Identify what fact it’s proving
- See if the statement says that fact
- Check the speaker’s intention to make someone believe or act on it
- Confirm it was made out of court
- Determine if an exclusion or exception applies
What types of statements are NOT hearsay?
- Private diary entries
- CCTV footage
- Questions
- Words used to prove they were spoken (not their truth)
- Legally significant words
- Falsehoods (asserted not to be true)
999 call right before victim was killed to show that the victim was distress - hearsay?
No
When is hearsay admissible?
- A statutory exception applies
- A common law exception (s118) applies
- All parties agree
- Court admits it in the interests of justice (s114(1)(d))
What are the statutory exceptions under s116 CJA 2003 (unavailable witness)?
Hearsay is admissible if the witness:
* Has died
* Is unfit (physically or mentally)
* Is outside UK and can’t reasonably attend
* Can’t be found after efforts
* Is in fear and unwilling to testify
What are important limits to s116 hearsay?
- The witness must be identified
- The statement must be admissible if given in person
When is a business document admissible as hearsay?
- Statement would be admissible if oral
- Document made in the course of business/office
- Source had personal knowledge or could reasonably be believed to
- Info passed through professional capacity
What are examples of business documents under s117?
- Medical records
- Police duty statements
When can a business document be excluded?
If reliability is doubtful due to:
- Its contents
- Source
- Circumstances of receipt/supply or creation
When can hearsay be admitted in the interests of justice? (s114(1)(d))
When it’s important, reliable, supported by other evidence, and fair to admit. Courts are cautious and must not use it to excuse failure to get the witness.
What are some common law hearsay exceptions preserved under s118 CJA 2003?
- Public records
- Reputation evidence
- Res gestae
- Confessions
- Co-conspirator statements
- Expert evidence
What is ‘res gestae’?
Statements made:
- Under shock/excitement with no time to fabricate
- Alongside events helping to explain them
- Describing physical/emotional state (e.g., fear)
When is res gestae used in domestic violence cases?
- 999 calls made immediately after the event
- Body-worn footage capturing victim’s state
What types of previous statements are admissible under s119–120 CJA 2003?
- Inconsistent statements (if witness changes story)
- Consistent statements (to counter allegations of lying)
How can hearsay be challenged? (s124)
- Show the person who made the statement was not credible
- Present evidence that contradicts the hearsay statement
When must the court stop a case due to weak hearsay? (s125)
If hearsay is the main evidence and is so unconvincing that conviction would be unsafe
What must the judge tell the jury about hearsay?
- Statement not made under oath
- Not tested in cross-examination
- Careful when deciding how much weight to attach to it
What must a hearsay notice include?
Party must inform the court & other party if they want to use hearsay
- Identify the evidence
- Explain facts making it admissible
- How facts will be proved
- Why it’s admissible
What are time limits for hearsay notices?
Prosecution:
* 20 business days (Magistrates’)
* 10 business days (Crown)
Defence: As soon as reasonably practicable
How can a party oppose hearsay?
Apply within 10 business days of:
* Hearsay notice
* Service of hearsay evidence (if no notice needed)
* Plea of not guilt
Application must explain:
* Why inadmissible
* Disputed parts
* Other objections
